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Texas Alimony Calculator (Spousal Maintenance)

Texas is one of the hardest states in the country to get court-ordered alimony — officially called spousal maintenance — and the amounts are strictly capped by statute. Use our free calculator to see whether you may qualify, the maximum monthly amount a Texas court could order (the lesser of $5,000 or 20% of the paying spouse’s gross monthly income), and how long payments could last based on the length of your marriage.

Court-ordered maintenance is only one path: many Texas divorces instead settle on contractual alimony, which the spouses negotiate freely as part of the property division. The calculator below covers what a judge could order; a lawyer can tell you which route fits your case. Start with our Austin spousal support lawyer page, or request a free consultation.

Check Eligibility and the Maximum Award

Estimate only, based on Texas Family Code Chapter 8: eligibility grounds (sec. 8.051), the cap of the lesser of $5,000/month or 20% of the paying spouse’s average gross monthly income (sec. 8.055), and the duration limits (sec. 8.054). Courts must order the lowest amount and shortest duration that meet minimum reasonable needs, and contractual alimony agreed in settlement is not subject to these caps. This tool does not create an attorney-client relationship and is not legal advice.

Who Qualifies for Spousal Maintenance in Texas

Under Texas Family Code Chapter 8, a spouse seeking maintenance must first show they will lack sufficient property after the divorce to provide for their minimum reasonable needs — and then fit one of four doors: (1) the marriage lasted 10 years or longer and the requesting spouse lacks the ability to earn sufficient income; (2) the paying spouse was convicted of (or received deferred adjudication for) family violence against the other spouse or a child within two years of filing; (3) the requesting spouse has an incapacitating physical or mental disability; or (4) the requesting spouse cares for a disabled child of the marriage whose needs prevent them from working.

Even when a spouse qualifies, Texas law presumes maintenance should be the lowest amount, for the shortest period, needed to meet minimum reasonable needs — and courts expect the requesting spouse to have tried to earn income or develop job skills during the divorce.

How Much and How Long: The Statutory Caps

Texas caps court-ordered maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s average gross monthly income (Tex. Fam. Code § 8.055). Gross income here is broad — wages, self-employment, overtime, rental income — but the 20% is applied to gross, not the net-resources figure used for child support.

Duration is capped by the length of the marriage (§ 8.054): up to 5 years for marriages of 10–20 years (and for family-violence cases under 10 years), up to 7 years for marriages of 20–30 years, and up to 10 years for marriages of 30+ years. When eligibility is based on a disability (the spouse’s own or a child’s), maintenance can continue as long as the condition does.

Remember these are ceilings, not entitlements — most awards come in well below the cap, and judges must order the shortest reasonable duration. Maintenance also ends early on remarriage, cohabitation with a romantic partner, or either spouse’s death.

Maintenance, Contractual Alimony, and the Bigger Financial Picture

Because court-ordered maintenance is so limited, spousal support in Texas is often really a negotiation: contractual alimony can be any amount and duration the spouses agree to, and it is frequently traded against property division — a larger share of the house or retirement in exchange for lower monthly payments, or vice versa. That is also why the maintenance question rarely stands alone: it moves with the property split, child support, and who keeps which assets.

If children are involved, run our Texas Child Support Calculator too — child support is calculated separately and is usually the larger number. And if you are earlier in the process, our Texas Divorce Cost Calculator estimates what the divorce itself is likely to cost.

Frequently Asked Questions

How much is alimony in Texas?
Court-ordered spousal maintenance is capped at the lesser of $5,000 per month or 20% of the paying spouse’s average gross monthly income. A spouse earning $10,000/month gross could be ordered to pay at most $2,000/month — and courts must order the lowest amount that meets the receiving spouse’s minimum reasonable needs, so awards are often below the cap.
Do you get alimony after 10 years of marriage in Texas?
Ten years is the eligibility threshold, not a guarantee. At 10+ years of marriage you can qualify only if you also lack the ability to earn enough income to meet your minimum reasonable needs. Shorter marriages qualify only through family violence, a disabling condition, or care of a disabled child.
How long does spousal maintenance last in Texas?
Up to 5 years for marriages of 10–20 years (and family-violence cases), up to 7 years for 20–30 years, and up to 10 years for marriages of 30+ years. Disability-based maintenance can continue as long as the disability does. Payments end early on remarriage or cohabitation.
What is the difference between alimony and spousal maintenance in Texas?
Spousal maintenance is what a court can order under Family Code Chapter 8 — strictly capped in amount and duration. Contractual alimony is whatever the spouses agree to in settlement: any amount, any length, enforceable as a contract. Most Texas “alimony” is actually negotiated, not ordered.

Want to know what a realistic number looks like in your case? SMB Law, PC handles spousal maintenance, contractual alimony, and property division across Austin and Central Texas. Request a free consultation or call (512) 561-5003.

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